39. Hearings and written proceedings
Past version: effective from 17/12/2015 - 16/12/2015
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(1) Subject to any contrary agreement by the parties, the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted on the basis of documents and other materials. However, unless the parties have agreed that no hearing shall be held, the arbitral tribunal shall hold such hearings at an appropriate stage of the proceedings, if so requested by a party.
(2) The parties shall be given sufficient advance notice as the arbitral tribunal shall decide of any hearing and of any meeting of the arbitral tribunal for the purposes of inspection of goods, other property or documents.
(3) All statements, documents, evidence or other information supplied to the arbitral tribunal by one party shall be communicated to the other party at the same time as it is supplied to the arbitral tribunal. Evidence includes any factual witness or expert evidence upon which a party relies.
(4) Any expert report or evidentiary document on which the arbitral tribunal may rely in making its decision shall be communicated to the parties. The arbitral tribunal's power to appoint experts is addressed in section 42 below.